Spousal or De Facto Maintenance

Applications seeking only spousal or de facto maintenance orders will be listed for a directions hearing approximately 42 days after filing.

At the directions hearing the Judicial Officer may make an order:

for the filing of further affidavit material

for the issuing of subpoenas

in regard to disclosure, or

fixing a time for a future hearing.

Preparing for the hearing

As will other family law applications, the duty of disclosure applies throughout your dispute. In spousal or de facto maintenance applications, there are specific documents each party is required to bring to a hearing:

a copy of the party’s tax returns for the three most recent financial years;

the party’s tax assessments for the three most recent financial years;

the party’s bank records for the period of three years ending on the date on which the application was filed;

if the party receives wages or salary payments - the party’s payslips for the past 12 months;

if the party owns or controls a business, either as sole trader, in a partnership or a company - the business activity statements and the financial statements (including profit and loss statements and balance sheets) for the three most recent financial years of the business; and

any other document relevant to determining the income, needs and financial resources of the party.

Next steps

The Judicial Officer will make directions orders for the next steps in your case.